Written question asked by Grant Shapps (Conservative) on Monday, 5 December 2005, in the House of Commons. It was due for an answer on Wednesday, 7 December 2005. It was answered by Andy Burnham (Labour) on Monday, 19 December 2005 on behalf of the Home Office.

DNA Database

Question: To ask the Secretary of State for the Home Department whether there is provision to remove from the National DNA Database details of a DNA sample of a minor who has never been charged or cautioned.

Answer: Yes. Section 64 of the Police and Criminal Evidence Act (PACE) 1984, as amended, enables the police to retain DNA samples (and profiles) taken from individuals arrested for, informed they will be reported for or charged with a recordable offence and detained in a police station. The police may retain the sample even when the individual has not been convicted of the offence for which the sample was taken. The decision whether to retain or remove a sample is an operational one for the chief constable of the police force which took it. There is no distinction in PACE between samples taken from an adult or a minor.

Secondary information